Now, Ian Murray, owner of I.M. Landscape Associates and Brookside Nursery in Ballston, and three neighbors are asking the state Supreme Court in Saratoga County to nullify the planning board's May 25 approval of the Dolomite plant. The company is a subsidiary of Oldcastle Co. and a sister company of Callanan Industries. The businesses supply concrete, aggregate and asphalt throughout upstate New York and western Massachusetts.

Murray could not be reached for comment. According to court records, he claims his business and property values would be negatively impacted by truck traffic, noise, pollution and dust from the asphalt plant. Murray's company, I.M. Landscape, owns four pieces of land across from the Route 67 entrance to the Curtis Industrial Park where Dolomite is preparing to build the asphalt plant. The industrial park also is named as a defendant in the lawsuit.

Adam Schultz, an attorney for Couch White who is representing Dolomite, had not been served with court papers, but said he does not believe the case will prevent Dolomite from moving forward.

Dolomite already has begun doing some preliminary work to get ready for construction to begin, Schultz said.

"I don't have any level of concern that the town and state approvals will be disturbed," he said.

The lawsuit asks the court to vacate the planning board's approval, claiming the asphalt plant would violate noise and emissions limits in the Ballston zoning guidelines.

The suit also claims that an asphalt plant will not be a permitted use if the opponents are able to successfully appeal the December state Supreme Court ruling that determined the town improperly delayed the Dolomite project.